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2025 DAILYLAW 6529 (RAJ)

ASHOK KUMAR PATNI S/O LATE SH. GULAB CHAND JI PATNI v. SMT. VIMLA DEVI VAID W/O LATE SH. ASHOK JI VAID

CR/40/2019 · 2025-07-03

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:24496] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 40/2019 1. Ashok Kumar Patni S/o Late Sh. Gulab Chand Ji Patni, R/o H.no. 1406 Sharma Bhawan Behind Lmb Hotel Johari Bazar Jaipur 2. Anil Kumar Patni S/o Late Sh. Gulab Chand Ji Patni, R/o H.no. 1406 Sharma Bhawan Behind Lmb Hotel Johari Bazar Jaipur ----Petitioners Versus 1. Smt. Vimla Devi Vaid W/o Late Sh. Ashok Ji Vaid, R/o House No. 1426 Barah Gangaur Ka Chaurha Chowkri Vishveshvar Ji Jaipur 2. Sanjay Kumar Vaid S/o Late Sh. Ashok Ji Vaid, R/o House No. 1426 Barah Gangaur Ka Chaurha Chowkri Vishveshvar Ji Jaipur 3. Shri Prem Chand Patni S/o Shri Kundanmal Patni, R/o House No. 105 Champanagar Gurjar Ki Thadi New Sanganer Road Jaipur ----Respondents For Petitioner(s) : Mr. Mamud Khalid, Adv. For Respondent(s) : Mr. O. P. Mishra, Adv. Mr. Poonam Chand Shah, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 03/07/2025 The instant petition has been filed by the petitioners- plaintiffs(for short ‘the plaintiffs’) against the order dated 24.10.2018 passed by the Additional Civil Judge & Metropolitan Magistrate (East) Jaipur Metropolitan (for short ‘the trial court’) in in Civil Suit No.311/2007 titled as “Ashok & Ors. Vs. Vimla Devi & Ors.”, whereby the trial court dismissed the application filed by the [2025:RJ-JP:24496] (2 of 2) [CR-40/2019] plaintiffs under Order 7 Rule 11 CPC for rejecting the counter claim filed by the respondent No.3 being time barred. Taking into consideration the facts and circumstances of the present case and more particularly in view of the fact that the revision petition was filed before this court in the year 2019, thereafter 6 years have been elapsed. Instead of interfering with the impugned order, I dispose of civil revision petition with liberty to the plaintiffs to take all the averments/objections as raised in this petition before the trial court during trial. Pending application(s), if any, also stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Gourav/80